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Mill City City Zoning Code

CHAPTER 17

20 - CC CENTRAL COMMERCIAL ZONE*

Sections:


17.20.010 - Applicability.

In a CC zone, the following regulations shall apply.

(Ord. 344 § 1 (part), 2007)

17.20.020 - Uses permitted outright.

In a CC zone the following uses and their accessory uses are permitted outright.

A.

Any use permitted outright or conditionally in an R-2 zone except for a manufactured home park, a church, a public facility, and a public utility facility.

B.

A commercial enterprise which may be classified as belonging to one of the following use groups.

1.

Retail store or shop, such as a food store, drug store, apparel store, hardware store, florist, or furniture store;

2.

Repair shop for the type of goods offered for sale in a retail trade establishment permitted in a CC zone such as a shoe repair shop, small appliance or television repair shop or watch repair shop;

3.

Personal or business service establishment such as a barber or beauty shop, tailor shop or laundry that excludes the use or storage of highly volatile or combustible materials on the premises;

4.

Amusement enterprise, including billiard or pool hall, bowling alley, dance hall, theater, skating rink or similar amusement;

5.

Newspaper office, print shop;

6.

Bus depot, taxi stand;

7.

Automobile service station;

8.

Motel, hotel or rooming house;

9.

Lodge, club or fraternal organization;

10.

Business or professional office, including a medical or dental clinic;

11.

Restaurant, tearoom or cafeteria;

12.

Automobile, boat, truck, motorcycle, farm equipment, trailer, recreational vehicle or all-terrain vehicle sales, service, rental or repair establishment provided any repair activity shall be conducted entirely within an enclosed building;

13.

Tire shop;

14.

Animal hospital, boarding kennel;

15.

Farm supply store;

16.

Garden supply store, nursery;

17.

Lumber and building supply store;

18.

Second hand goods store;

19.

Tavern;

20.

Uses customarily incidental to any of the above uses, including usual accessory buildings.

C.

The zoning official shall determine whether a specific use is appropriate to the particular use group permitted in the CC zone. The zoning official shall either approve or deny the use, or, refer it to the planning commission for a decision. A decision of either the zoning official or planning commission may be appealed as provided by Section 17.64.050 of this title.

(Ord. 344 § 1 (part), 2007)

17.20.025 - Uses permitted subject to site plan review.

Any of the following uses and activities are permitted in the CC zone subject to the site plan review provisions in Sections 17.76.010 to 17.76.060 of this title:

A.

Construction of a new building larger than one thousand (1,000) square feet.

B.

An addition to an existing building(s) larger than one thousand (1,000) square feet.

C.

A change in land use (e.g., increase the number of dwelling units, change from residential to commercial use, or from less intensive to more intensive commercial or industrial use) that will:

1.

Add dwelling units;

2.

Require three or more additional parking spaces or an additional loading area; or

3.

Modify site circulation or access. Modified site circulation or access includes changes to the parking lot configuration, changes in circulation, access between multiple parcels or change in the driveway location.

D.

RV storage facilities adjacent to SE Fairview Street and SE Remine Rd, with recreational vehicle storage entirely within the enclosed buildings. RV storage facilities are not permitted in any other area of the CC zone. The following special standards apply to RV storage facilities:

1.

Provision of security fencing and gates to control entry and exit of vehicles into the site, with security fencing and gates located to ensure that recreational vehicles can pull completely off of the public street before entering the security gate.

2.

Provision of landscaping in public right-of-way on SE Fairview Street and Remine Road.

3.

No outside storage shall be permitted.

E.

Government building, schools and public facilities.

F.

Church.

G.

Any permitted use or conditional use proposed on a lot or parcel adjacent to the North Santiam River shall comply with the requirements of Section 17.44.120.

(Ord. 344 § 1 (part), 2007)

(Ord. No. 392, § 9, 2-14-2017)

17.20.030 - Conditional uses permitted.

In a CC zone the following uses and their accessory uses may be permitted subject to the provisions of Chapter 17.52 of this title.

A.

Public utility facility.

(Ord. 344 § 1 (part), 2007)

17.20.040 - Lot size and width.

Except as provided in Section 17.44.020 of this title, the minimum lot size and width in a CC zone shall be as follows:

A.

For a building hereafter erected or used for commercial purposes there is no minimum lot size or width.

B.

Buildings hereafter erected or used for dwelling purposes shall comply with the lot size and width requirements and the site plan review requirements of the R-2 zone.

(Ord. 344 § 1 (part), 2007)

17.20.045 - Site plan review process.

A.

Application. An application for site plan review for a commercial use in the CC zone shall be submitted to the planning commission in accordance with the provisions of Section 17.64.060 of this title. A filing fee in accordance with the provisions of Section 17.64.070 of this title shall be submitted with the application.

B.

Hearing and Action on a Site Plan Review Application. Before the planning commission may act on an application for a site plan review, it shall hold a public hearing thereon in accordance with the provisions of Sections 17.64.080 and 17.64.090 of this title. After the public hearing is closed, the planning commission shall either approve, deny, or approve with conditions or modifications, the site plan review application based on the following criteria:

1.

The existence of or ability to provide adequate utilities including water, sewer, surface water drainage, power and communications, including easements, to properly serve development on the subject property in accordance with city public works standards.

2.

Provision of safe and efficient internal traffic circulation, including pedestrian and motor vehicle traffic, and provision for safe access to and from the property to adjacent public streets.

3.

Provision of necessary improvements to local streets, including the dedication of additional right-of-way to the city and/or the improvement of traffic facilities to accommodate access for emergency vehicles and the additional traffic load generated by the proposed development of the site.

4.

Provision of on-site parking areas and adequate loading/unloading areas for the proposed uses and in compliance with Chapter 17.44 of this code. The parking area shall be designed to facilitate the safe movement of traffic and pedestrians and minimize traffic congestion.

5.

The design and placement on the site of buildings and other structural improvements shall provide compatibility in size, scale, and intensity of use between the proposed development and similar development on neighboring properties. The location, appearance and size of the proposed buildings shall be designed to properly serve anticipated users of the proposed improvements.

6.

Provision of landscaping of the site including the planting of trees, street trees, shrubs and groundcovers so that the landscaping presents an attractive interface with adjacent land use and development.

7.

Provision of visual or physical barriers around the property including the provision of site obscuring fencing or vegetative screening between a commercial and/or public use and adjacent residential properties.

8.

Lighting sufficient to satisfy the intended use of the property but designed in such a manner as to not present an adverse impact (as measured by excessive brightness or glare) upon adjacent land uses or traffic movements.

9.

Establishment of provisions for the continuing maintenance and upkeep of all improvements and facilities.

10.

The use is in compliance with the other development standards which are specified by this chapter.

11.

Special standards for RV storage facilities:

a.

Provision of security fencing and gates to control entry and exit of vehicles into the site, with security fencing and gates located to ensure that recreational vehicles can pull completely off of the public street before entering the security gate.

b.

Provision of landscaping in the public right-of-way on SE Fairview Street and Remine Road.

c.

No outside storage shall be permitted.

C.

Appeals. If an application is denied it may be appealed to the city council as outlined in Section 17.64.050 of this title, or the applicant may submit a revised site plan to the planning commission.

D.

Conditions. The planning commission, in granting approval, reserves the right to place additional conditions that are consistent with the intent and purpose of this title. These may include, but are not limited to buffers or screening, landscaping, location and design of parking areas, number of access points, security gates and fencing.

E.

Time Limit on Approved Site Plan Review. Authorization of a site plan/review shall be void one year after the date of approval of the site plan review application unless a building permit has been issued and substantial construction pursuant thereto has taken place. However, upon written request, the planning commission has the authority to grant an additional period, not to exceed one year, to complete the project.

(Ord. 344 § 1 (part), 2007)

(Ord. No. 358, § 4, 7-13-2010; Ord. No. 369, § 1, 8-13-2013)

17.20.050 - Height requirements.

Except as provided in Section 17.52.030 of this title, in a CC zone no buildings or structure shall exceed thirty-five (35) feet in height.

(Ord. 344 § 1 (part), 2007)

17.20.060 - Yard requirements.

In a CC zone yards shall be as follows:

A.

For buildings and structures hereafter erected or used for commercial purposes the following regulations shall apply:

1.

Front Yard and Street Side Yard. None is required, except for a corner lot where a fifteen-foot vision clearance area is required;

2.

Side Yard and Rear Yard. Where the interior (side or rear) lot line of a lot in a CC zone abuts an interior lot line of a lot in a residential zone there shall be a side or rear yard of at least five feet. A building that is between twelve (12) feet and sixteen (16) feet in height may be located no closer than seven and one-half feet from an interior lot line of a lot in a residential zone. A building that is between sixteen (16) and twenty (20) feet in height may be located no closer than ten (10) feet from an interior lot of a lot in the residential zone. In other cases a side yard or rear yard is not required, but, if provided shall be a minimum of five feet.

B.

Buildings hereafter erected or used for dwelling purposes shall comply with the yard requirements of the R-2 zone.

(Ord. 344 § 1 (part), 2007)